Incidentally Mike/jmm99, several memoirs of Union officers who fought against John S. Mosby's command during the Civil War state that in their opinion Mosby's men were not legitimate soldiers according to General Orders 100, the Lieber Code. I'm working off of memory here, from books I read about 15 years ago. If I recall correctly it had to do with the "farmers by day and insurgents at night" distinction made in General Orders 100. The implication was that Mosby's men were the Civil War equivalent of "unlawful combatants," and therefore summary execution of them would have been justifiable.